COVID-19: Can the Oireachtas Legislate During the Pandemic? article by Dr Seth Tillman in Irish Law Times

Wednesday, April 22, 2020 - 12:15

Seán Ó Fearghaíl, the Ceann Comhairle,has informed his colleagues, that in light of “a very serious constitutional problem”, the Seanad will be unable to pass legislation after 29 March 2020. He is supported by advice offered from the Attorney General and the Secretary General of the Department of the Taoiseach. 

The argument is that a properly constituted Seanad must have 60 members,including 11 members nominated by the Taoiseach.But such members can only be nominated,after a general election, by a newly appointed Taoiseach. The current Taoiseach has not been newly appointed; he is only a caretaker. Thus the argument runs that the Seanad remains improperly constituted, as as such it cannot pass legislation. Tillman's article in the Irish Law Times contests the Attorney General's argument.
 
https://ssrn.com/abstract=3561117